§ Mr. Nellist
To ask the Secretary of State for the Home Department, pursuant to the question from the hon. Member for Coventry, South-East, 26 June, column323, why he decided not to exercise his discretion in favour of the application for settlement of Mr. Abbas Karbassian.
§ Mr. Renton
As explained in the reply of 5 November 1987, at column833, to the question from the hon. Member for Norwood (Mr. Fraser), a case in which continuous residence exceeds 10 years will be considered on its merits for the grant of indefinite leave to remain. Mr.Karbassian came to the United Kingdom on 30 April 1979 and was subsequently granted permission to remain until August 1987—in the first instance as a student and later on the basis of his marriage to a British citizen. An application for settlement (on the grounds of marriage) was refused on 1 August 1988 because the couple had separated. Mr. Karbassian lodged an appeal against this decision on 10 August 1988.
Mr. Karbassian is permitted, under section 14(1) of the Immigration Act 1971, to remain here pending the outcome of his appeal against the decision of 1 August 1988. However, time spent in the United Kingdom while an appeal is outstanding is not considered acceptable residence for the purpose of the discretionary grant of indefinite leave to remain under the long residence concession unless that appeal is subsequently successful.